Jones v. Williams

Summary

The Supreme Court of Virginia held that a non-party obstetric nurse was not an interested party under Virginia Code § 8.01-397 and therefore could provide corroborating testimony in a medical malpractice action involving a deceased defendant. The court affirmed the judgment for the plaintiff, including the denial of motions to strike and refusal to give a jury instruction concerning the corroboration requirement.

Holdings

1. McGuirt was not an interested party within the contemplation of Code § 8.01-397 because her testimony could provide a basis for her own liability and was neutral regarding the dispositive issue of whether fundal pressure was applied before or after Dr. Jones dislodged the baby's shoulder.
2. The circuit court did not err in denying Jones's motions to strike or in refusing to instruct the jury under Code § 8.01-397.

Questions Presented

1. Whether Code § 8.01-397 required corroboration of McGuirt's testimony because she was an interested party.
2. Whether McGuirt qualified as an interested party under Code § 8.01-397 based on the possibility that Johnny's recovery against Dr. Jones's estate could relieve her from potential liability.
3. Whether the circuit court erred in denying the motions to strike and refusing the proposed jury instruction concerning the statute.

Disposition

affirmed